S.F. _____ DIVISION I 1 MINOR GUARDIANSHIPS 2 Section 1. Section 232D.103, Code 2023, is amended to read 3 as follows: 4 232D.103 Jurisdiction. 5 The juvenile court has exclusive jurisdiction in a 6 guardianship proceeding concerning a minor who is alleged to 7 be in need of a guardianship for appointment of a guardian for 8 a minor and in a proceeding concerning the guardianship of a 9 minor . 10 Sec. 2. Section 232D.301, subsection 4, Code 2023, is 11 amended to read as follows: 12 4. The petition shall state whether a limited guardianship 13 is appropriate , and whether a conservatorship for the minor is 14 already in existence . 15 Sec. 3. Section 232D.302, subsection 2, Code 2023, is 16 amended to read as follows: 17 2. Notice shall be served upon the minor’s known parents 18 listed in the petition in accordance with the rules of civil 19 procedure. If the parent has not filed a consent to the 20 appointment of a guardian, the notice shall inform any parent 21 named in the petition that the parent may be entitled to 22 representation under the conditions described in section 23 232D.304. 24 Sec. 4. Section 232D.305, subsection 1, Code 2023, is 25 amended to read as follows: 26 1. The court may appoint a court visitor for the minor in a 27 proceeding for the appointment of a guardian for a minor . 28 Sec. 5. Section 232D.305, Code 2023, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 6. The court may order a court visitor to 31 continue to serve if the court determines continued service 32 would be in the best interest of the minor. If the court 33 continues the services of the court visitor, the court may 34 limit the direct duties of the court visitor as the court deems 35 -1- LSB 1394XC (3) 90 cm/ns 1/ 38

S.F. _____ necessary in which case the court visitor shall thereafter 1 continue to serve until discharged by the court. If the 2 court does not order the court visitor to continue, the order 3 appointing the guardian shall discharge the court visitor. 4 Sec. 6. Section 232D.306, Code 2023, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 4. A hearing on the petition may be 7 recorded if a court reporter is not used. 8 Sec. 7. Section 232D.309, Code 2023, is amended by adding 9 the following new subsections: 10 NEW SUBSECTION . 8. The court may order an extension of 11 the temporary guardianship for thirty days for good cause 12 shown, including a showing that a hearing on a petition for a 13 guardianship under section 232D.301 cannot be scheduled within 14 thirty days after the order for a temporary guardianship is 15 issued. Prior to or contemporaneously with the filing for an 16 application for the extension of time, the guardian shall file 17 a report with the court setting forth all of the following: 18 a. All actions conducted by the guardian on behalf of the 19 minor from the time of the initial appointment of the guardian 20 up to the time of the report. 21 b. All actions that the guardian plans to conduct on behalf 22 of the minor during the thirty-day extension period. 23 NEW SUBSECTION . 9. The temporary guardian shall submit any 24 other report the court requires. 25 Sec. 8. Section 232D.401, subsection 3, unnumbered 26 paragraph 1, Code 2023, is amended to read as follows: 27 An order by the court appointing a guardian for a minor shall 28 state the powers granted to the guardian until such time as the 29 guardian files an initial care plan and such plan is approved 30 by the court as required by section 232D.501, subsection 4 . 31 Except as otherwise limited by court an order appointing a 32 guardian for a minor , the court may grant the guardian the 33 following powers , which may be exercised without prior court 34 approval : 35 -2- LSB 1394XC (3) 90 cm/ns 2/ 38

S.F. _____ Sec. 9. Section 232D.501, subsection 1, paragraph a, Code 1 2023, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (03) The guardian’s plan, if any, for 3 applying for and receiving funds and benefits payable for the 4 support of the minor. 5 Sec. 10. Section 232D.501, subsection 1, paragraph b, Code 6 2023, is amended by adding the following new subparagraphs: 7 NEW SUBPARAGRAPH . (11) The results of the guardian’s 8 efforts to apply for funds or benefits for the minor, and 9 an accounting for the use of such funds or benefits by the 10 guardian. 11 NEW SUBPARAGRAPH . (12) Any other information the guardian 12 deems necessary for the court to consider. 13 DIVISION II 14 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 15 Sec. 11. Section 235B.6, subsection 2, paragraph d, Code 16 2023, is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (7) To a district court conducting 18 checks of the dependent adult abuse registry for all proposed 19 guardians and conservators pursuant to section 633.564. 20 Sec. 12. Section 633.560, subsection 3, Code 2023, is 21 amended to read as follows: 22 3. The court shall require the proposed guardian or 23 conservator to attend the hearing on the petition but the court 24 may excuse the proposed guardian’s or conservator’s attendance 25 for good cause shown. 26 Sec. 13. Section 633.562, Code 2023, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 7. A court visitor shall be discharged 29 from all further duties upon appointment of a guardian or 30 conservator unless otherwise ordered by the court. The court 31 may order a court visitor to continue to serve if the court 32 determines continued service would be in the best interest of 33 the protected person. If the court continues the service of 34 the court visitor, the court may limit the direct duties of the 35 -3- LSB 1394XC (3) 90 cm/ns 3/ 38

S.F. _____ court visitor as the court deems necessary. The court visitor 1 shall thereafter continue to serve until discharged by the 2 court. 3 Sec. 14. Section 633.564, subsection 1, Code 2023, is 4 amended to read as follows: 5 1. The court shall request criminal record checks and checks 6 of the child abuse, dependent adult abuse, and sexual offender 7 registries in this state for all proposed guardians and 8 conservators, other than financial institutions with Iowa trust 9 powers , unless a proposed guardian or conservator has undergone 10 the background checks required by this section within the six 11 months prior to the filing of a petition and the background 12 check has been provided to the court . 13 Sec. 15. Section 633.569, subsections 1, 2, and 3, Code 14 2023, are amended to read as follows: 15 1. A person authorized to file a petition under section 16 633.552 , 633.553 , or 633.554 633.556 or 633.557 may file an 17 application for the emergency appointment of a temporary 18 guardian or conservator. 19 2. Such application shall state all of the following: 20 a. The name and address of the respondent. 21 b. The name and address of the petitioner and the 22 petitioner’s relationship to the respondent. 23 b. c. The name and address of the proposed guardian or 24 conservator and the reason the proposed guardian or conservator 25 should be selected. 26 d. The names and addresses, to the extent known, of any 27 other persons who must be named in the petition for the 28 appointment of a guardian or conservator under section 633.556 29 or 633.557. 30 c. e. The reason the emergency appointment of a temporary 31 guardian or conservator is sought. 32 3. The court may enter an ex parte order appointing a 33 temporary guardian or conservator on an emergency basis under 34 this section if the court finds that all of the following 35 -4- LSB 1394XC (3) 90 cm/ns 4/ 38

S.F. _____ conditions are met: 1 a. There is not sufficient time to file a petition and hold 2 a hearing pursuant to section 633.552 , 633.553 , or 633.554 3 633.556, 633.557, or 633.560 . 4 b. The appointment of a temporary guardian or conservator 5 is necessary to avoid immediate or irreparable harm to the 6 respondent before a hearing with notice to the respondent can 7 be held . 8 c. There is reason to believe that the basis for appointment 9 of guardian or conservator exists under section 633.552 , 10 633.553 , or 633.554 633.556 or 633.557 . 11 Sec. 16. Section 633.569, Code 2023, is amended by adding 12 the following new subsections: 13 NEW SUBSECTION . 8. The court may order an extension of 14 the temporary guardianship or conservatorship for thirty days 15 for good cause shown, including a showing that a hearing on a 16 petition for a guardianship or conservatorship under section 17 633.556 or 633.557 cannot be scheduled within thirty days after 18 the order for a temporary guardianship or conservatorship is 19 issued. Prior to or contemporaneously with the filing for 20 an application for the extension of time, the guardian or 21 conservator shall file a report with the court setting forth 22 all of the following: 23 a. All actions conducted by the guardian or conservator on 24 behalf of the protected person from the time of the initial 25 appointment of the guardian up to the time of the report. 26 b. All actions that the guardian or conservator plans to 27 conduct on behalf of the protected person during the thirty-day 28 extension period. 29 NEW SUBSECTION . 9. The temporary guardian or conservator 30 shall submit any other report the court requires. 31 Sec. 17. Section 633.570, subsections 1 and 2, Code 2023, 32 are amended to read as follows: 33 1. In a proceeding for the appointment of a guardian, the 34 respondent shall be given written notice which advises the 35 -5- LSB 1394XC (3) 90 cm/ns 5/ 38

S.F. _____ respondent of the powers that the court may grant a guardian 1 may exercise without court approval pursuant to the powers set 2 out in section 633.635, subsection 2 , and the powers that the 3 guardian may exercise only with court approval pursuant to set 4 out in section 633.635, subsection 3 . 5 2. In a proceeding for the appointment of a conservator, 6 the respondent shall be given written notice which advises the 7 respondent of the powers that the court may grant a conservator 8 may exercise without court approval pursuant to section 633.646 9 and the powers that the conservator may exercise only with 10 court approval pursuant to section 633.647 the powers set out 11 in section 633.642 . 12 Sec. 18. Section 633.635, subsection 1, Code 2023, is 13 amended to read as follows: 14 1. The order by the court appointing a guardian shall state 15 the factual basis for the guardianship pursuant to section 16 633.552 and the date on which the first reporting period for 17 the guardianship shall end . 18 Sec. 19. Section 633.635, subsection 2, unnumbered 19 paragraph 1, Code 2023, is amended to read as follows: 20 Based upon the evidence produced at the hearing An order by 21 the court appointing a guardian for an adult shall state the 22 powers granted to the guardian until such time as the guardian 23 files an initial care plan and such plan is approved by the 24 court as required by section 633.669. Except as otherwise 25 limited by an order appointing a guardian for an adult , the 26 court may grant a guardian the following powers and duties with 27 respect to a protected person which may be exercised without 28 prior court approval : 29 Sec. 20. Section 633.635, subsection 3, unnumbered 30 paragraph 1, Code 2023, is amended to read as follows: 31 A Notwithstanding subsection 2, a guardian may be granted 32 the following powers which may only be exercised upon court 33 approval: 34 Sec. 21. Section 633.641, subsection 3, Code 2023, is 35 -6- LSB 1394XC (3) 90 cm/ns 6/ 38

S.F. _____ amended to read as follows: 1 3. If a protected person has executed a valid power of 2 attorney under chapter 633B , the conservator shall act in 3 accordance with the applicable provisions of chapter 633B 4 section 633B.108 . 5 Sec. 22. Section 633.642, Code 2023, is amended by striking 6 the section and inserting in lieu thereof the following: 7 633.642 Powers of conservator. 8 1. An order by the court appointing a conservator shall 9 state the basis for the conservatorship pursuant to section 10 633.553 or section 633.554. 11 2. Upon appointment by the court, and until such time as the 12 conservator files an initial financial management plan and such 13 plan is approved by the court as required by section 633.670, 14 subsection 1, a conservator has the authority to exercise all 15 powers applicable to fiduciaries pursuant to sections 633.63 16 through 633.162, unless expressly modified by the court. 17 3. In the order approving an initial financial management 18 plan or an annual report, the court shall approve and set forth 19 the specific powers of a conservator, which may be thereafter 20 exercised by the conservator until further court order. 21 4. Upon the filing of an appropriate oath by the 22 conservator, the clerk of court shall issue letters of 23 appointment. A copy of the initial order of the court shall 24 be attached to the letters of appointment. Upon approval of 25 an initial financial management plan, approval of an annual 26 report, or further order of the court granting, modifying, 27 limiting, or terminating powers of the conservator, the clerk 28 of court shall issue new letters of appointment which shall 29 reflect all powers thereafter held by the conservator. 30 Sec. 23. Section 633.669, subsection 1, Code 2023, is 31 amended to read as follows: 32 1. A guardian appointed by the court under this chapter 33 shall file with the court the following written verified 34 reports which shall not be waived by the court: 35 -7- LSB 1394XC (3) 90 cm/ns 7/ 38

S.F. _____ a. The plan must be based on the needs of the protected 1 person and take into account the best interest of the protected 2 person as well as the protected person’s preference, values, 3 and prior directions to the extent known to, or reasonably 4 ascertainable by, the guardian. 5 a. b. An initial care plan filed within sixty days of 6 appointment. The information in the initial care plan shall 7 include but not be limited to the following information: 8 (1) The current residence of the protected person and the 9 guardian’s plan for the protected person’s living arrangements. 10 (2) The guardian’s plan for payment of the protected 11 person’s living expenses and other expenses. 12 (3) The If applicable, the protected person’s health status 13 and health care needs, and the guardian’s plan for meeting the 14 protected person’s needs for medical, dental, and other health 15 care needs. 16 (4) Whether the protected person has a living will or health 17 care power of attorney. 18 (4) (5) If applicable, the guardian’s plan for other 19 professional services needed by the protected person. 20 (5) (6) If applicable, the guardian’s plan for meeting the 21 educational, training, and vocational needs of the protected 22 person. 23 (6) (7) If applicable, the guardian’s plan for facilitating 24 the participation of the protected person in social activities. 25 (7) (8) The guardian’s plan for facilitating contacts 26 between the protected person and the protected person’s family 27 members and other significant persons significant in the life 28 of the protected person . 29 (8) (9) The guardian’s plan for contact with, and 30 activities on behalf of, the protected person. 31 (10) The powers that the guardian requests to carry out the 32 initial care plan. 33 b. c. An annual report, filed within sixty days of the 34 close of the reporting period, unless the court otherwise 35 -8- LSB 1394XC (3) 90 cm/ns 8/ 38

S.F. _____ orders on good cause shown. The information in the annual 1 report shall include but not be limited to the following 2 information: 3 (1) The current living arrangements of the protected 4 person. 5 (2) The sources of payment for the protected person’s living 6 expenses and other expenses. 7 (3) A description, if applicable, of the following: 8 (a) The protected person’s physical and mental health 9 status and the health services including medical, dental, and 10 other professional services provided to the protected person. 11 (b) If applicable, the The protected person’s employment 12 status and the educational, training, and vocational services 13 provided to the protected person. 14 (c) The guardian’s facilitation of the participation of the 15 protected person in social activities. 16 (c) (d) The contact of the protected person with family 17 members and other significant persons. 18 (d) (e) The nature and extent of the guardian’s visits 19 with, and activities on behalf of, the protected person. 20 (4) The guardian’s changes to the care plan for the 21 protected person for the next annual reporting period. 22 (5) The powers that the guardian requests to carry out 23 the care plan for the protected person for the next annual 24 reporting period. 25 (4) (6) The guardian’s recommendation as to the need for 26 continuation of the guardianship. 27 (5) (7) The ability of the guardian to continue as 28 guardian. 29 (6) (8) The need of the guardian for assistance in 30 providing or arranging for the provision of the care and 31 protection of the protected person. 32 c. d. A final report within thirty days of the termination 33 of the guardianship under section 633.675 unless that time is 34 extended by the court. 35 -9- LSB 1394XC (3) 90 cm/ns 9/ 38

S.F. _____ Sec. 24. Section 633.669, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. If the court finds that there are 3 reasonable grounds to believe that the guardian has committed 4 the offense of older individual assault under section 5 708.2D, theft against an older individual under section 6 714.2A, consumer fraud against an older individual under 7 section 714.16A, elder abuse under section 726.24, financial 8 exploitation of an older individual under section 726.25, 9 or dependent adult abuse under section 726.26, the court 10 shall refer the matter to the appropriate county attorney for 11 consideration of the initiation of criminal charges. 12 Sec. 25. Section 633.670, Code 2023, is amended by striking 13 the section and inserting in lieu thereof the following: 14 633.670 Reports by conservators. 15 1. A conservator shall file a verified initial financial 16 management plan for protecting, managing, investing, expending, 17 and distributing the assets of the conservatorship estate 18 within ninety days after appointment, which shall not be waived 19 by the court. 20 a. The plan must be based on the needs of the protected 21 person and take into account the best interest of the protected 22 person as well as the protected person’s preference, values, 23 and prior directions to the extent known to, or reasonably 24 ascertainable by, the conservator. 25 b. The plan must provide the protected person’s age, 26 residence, living arrangements, and sources of payment for 27 living expenses. 28 c. When the conservator files the plan, the conservator 29 shall file, if applicable, the protected person’s will with the 30 court clerk and the protected person’s prepaid burial trust and 31 powers of attorney shall be described. 32 d. The plan must include a proposed budget for the protected 33 person and budget-related information for the next annual 34 reporting period including the following: 35 -10- LSB 1394XC (3) 90 cm/ns 10/ 38

S.F. _____ (1) The protected person’s receipts and income and 1 the projected sources of income including, if applicable, 2 wages, social security income, pension and retirement plan 3 distribution, veterans’ benefits, rental income, interest 4 earnings, and dividends, and the total estimated receipts and 5 income. 6 (2) The protected person’s liabilities and debts including, 7 if applicable, mortgage, car loans, credit card debt, federal, 8 state, and property taxes owed, and the total estimated 9 liabilities and debts; a list and concise explanation of 10 any liability or debt owed by the protected person to the 11 conservator; and a list and concise explanation of the 12 liability of any other person for a liability of the protected 13 person. 14 (3) The protected person’s estimated expenses on a monthly 15 and annual basis including, if applicable, nursing home or 16 facility charge, expenses for residence, food and household 17 expenses, utilities, household help and caregiver expenses, 18 health services and health insurance expenses, educational and 19 vocational expenses, personal auto and other transportation 20 expenses, clothing expenses, personal allowance and other 21 personal expenses, liabilities and debts, attorney fees and 22 other professional expenses, conservator fees, and other 23 administrative expenses. 24 e. The plan must include a list of the protected person’s 25 assets and the conservator’s plan for management of these 26 assets including, if applicable, financial accounts including 27 checking and certificates of deposit and cash, investments 28 including stocks, bonds, mutual funds, exchange-traded funds, 29 individual retirement accounts and other investment accounts, 30 pension, profit-sharing, annuities, and retirement funds, 31 personal property including household goods and vehicles, 32 receivables including mortgages and liens payable to the 33 protected person’s estate or trust, life insurance, and other 34 property. 35 -11- LSB 1394XC (3) 90 cm/ns 11/ 38

S.F. _____ f. The plan must include the authority that the conservator 1 requests to carry out the plan in accordance with the proposed 2 budget for the protected person and the plan for the management 3 of the property of the protected person for the next annual 4 reporting period. 5 g. The conservator shall provide notice of the filing of 6 the plan and a copy of the plan to the protected person, the 7 protected person’s attorney, if any, and court visitor, if any, 8 and others as directed by the court. The notice must state 9 that any person entitled to a copy of the plan must file any 10 objections to the plan not later than twenty days from the date 11 of mailing notice of filing the initial plan. 12 h. At least twenty days after the plan has been filed, the 13 court shall review and determine whether the plan should be 14 approved or revised, after considering objections filed and 15 whether the plan is consistent with the conservator’s powers 16 and duties. 17 i. After approval by the court, the conservator shall 18 provide a copy of the approved plan and order approving the 19 plan to the protected person, the protected person’s attorney, 20 if any, and court visitor, if any, and others as directed by 21 the court. 22 2. A conservator shall attach to the initial financial 23 management plan an inventory of the protected person’s assets 24 within ninety days after appointment which includes an oath 25 or affirmation that the inventory is believed to be complete 26 and accurate as far as information permits. The conservator 27 shall provide copies of the inventory to the protected person, 28 the protected person’s attorney, if any, and court visitor, if 29 any, and others as directed by the court. Any objections to 30 the inventory shall be filed in the same manner and according 31 to the same schedule as objections to the initial financial 32 management plan. The court shall review the inventory and 33 determine whether the inventory should be approved at the same 34 time as the court reviews the initial financial management 35 -12- LSB 1394XC (3) 90 cm/ns 12/ 38

S.F. _____ plan. When the conservator receives an additional property 1 of the protected person, or becomes aware of its existence, 2 a description of the property shall be included in the 3 conservator’s next annual report. 4 3. A conservator shall file a verified report on an annual 5 basis for the period since the end of the preceding report 6 period, which shall not be waived by the court. 7 a. The annual report must provide the age, the residence, 8 the living arrangements of the protected person, and sources of 9 payment for the protected person’s living expenses during the 10 reporting period. 11 b. The annual report must include the following income and 12 expenditure information: 13 (1) If applicable, all income or funds received by the 14 conservator on behalf of the protected person including the 15 items specified in subsection 1, paragraph “d” , subparagraph 16 (1). 17 (2) If applicable, all expenditures made by the conservator 18 on behalf of the protected person including the items, 19 if applicable, specified in subsection 1, paragraph “d” , 20 subparagraph (3). If any of the expenditures were made 21 to provide support for or pay the debts of another person, 22 the annual report shall include an explanation of these 23 expenditures. If any of the expenditures were made to pay 24 any liability or debt owed by the protected person to the 25 conservator, the annual report shall include an explanation of 26 these expenditures. If any of the expenditures were made to 27 pay any liability or debt that is also owed by another person 28 or entity, the annual report shall include an explanation of 29 these expenditures. If any of the expenditures were paid 30 with the use of cash or withdrawal of cash from an account 31 of the protected person, the annual report shall include an 32 explanation of the use of cash or withdrawal of cash. 33 c. The annual report shall include a proposed budget and 34 budget-related information for the next reporting period 35 -13- LSB 1394XC (3) 90 cm/ns 13/ 38

S.F. _____ containing the information specified in subsection 1, paragraph 1 “d” , and a request for approval of the proposed budget and 2 authority to make expenditures in accordance with the proposed 3 budget. 4 d. The annual report must include a proposed plan for 5 management of the assets of the protected person for the next 6 reporting period and a request for approval of the proposed 7 plan for management of the assets of the protected person and 8 the authority to carry out the plan. 9 e. The conservator may request court approval of fees 10 provided by an attorney on behalf of the conservatorship or the 11 protected person during the preceding reporting period. 12 f. The conservator may request court approval of fees 13 provided to the conservator on behalf of the conservatorship or 14 the protected person during the preceding reporting period. 15 4. The conservator shall file a verified final report with 16 the court as follows: 17 a. Within thirty days following removal of the conservator. 18 b. Upon the conservator’s filing of a resignation and before 19 the resignation is accepted by the court. 20 c. Within sixty days following the termination of the 21 conservatorship. 22 d. Any other time as ordered by the court. 23 5. Reports required by this section shall be provided to the 24 veterans administration if the protected person is receiving 25 veterans’ benefits. 26 6. If the court finds that there are reasonable grounds to 27 believe that the conservator has committed the offense of theft 28 against an older individual under section 714.2A, consumer 29 fraud against an older individual under section 714.16A, elder 30 abuse under section 726.16A, financial exploitation of an older 31 individual under section 726.25, or dependent adult abuse 32 under section 726.26, the court shall refer the matter to the 33 appropriate county attorney for consideration of the initiation 34 of criminal charges. 35 -14- LSB 1394XC (3) 90 cm/ns 14/ 38

S.F. _____ Sec. 26. Section 633.675, subsections 2 and 3, Code 2023, 1 are amended to read as follows: 2 2. The court shall terminate a guardianship if it finds by 3 clear and convincing evidence that the basis for appointing a 4 guardian pursuant to section 633.552 has not been established. 5 3. The court shall terminate a conservatorship if the court 6 finds by clear and convincing evidence that the basis for 7 appointing a conservator pursuant to section 633.553 or 633.554 8 is not satisfied. 9 DIVISION III 10 CONFORMING CHANGES 11 Sec. 27. Section 10.1, subsection 7, Code 2023, is amended 12 to read as follows: 13 7. “Farm estate” means the real and personal property of a 14 decedent, a ward protected person , or a trust as provided in 15 chapters 633 and 633A , if at least sixty percent of the gross 16 receipts from the estate comes from farming. 17 Sec. 28. Section 217.40, Code 2023, is amended to read as 18 follows: 19 217.40 Training for guardians and conservators. 20 The department of human services, or a person designated 21 by the director, shall establish training programs designed 22 to assist all duly appointed guardians and conservators in 23 understanding their fiduciary duties and liabilities, the 24 special needs of the ward protected person , and how to best 25 serve the ward protected person and the ward’s protected 26 person’s interests. 27 Sec. 29. Section 231E.2, subsection 2, paragraph b, Code 28 2023, is amended to read as follows: 29 b. It is also the intent of the general assembly that the 30 state office of public guardian provide assistance to both 31 public and private guardians, conservators, and representative 32 payees throughout the state in securing necessary services 33 for their wards protected persons and clients, and to assist 34 guardians, conservators, representative payees, wards protected 35 -15- LSB 1394XC (3) 90 cm/ns 15/ 38

S.F. _____ persons , clients, courts, and attorneys in the orderly and 1 expeditious handling of guardianship, conservatorship, and 2 representative payee proceedings. 3 Sec. 30. Section 231E.3, subsection 17, Code 2023, is 4 amended to read as follows: 5 17. “Ward” “Protected person” means the individual for whom 6 a guardianship or conservatorship is established. 7 Sec. 31. Section 231E.4, subsection 3, paragraphs f and h, 8 Code 2023, are amended to read as follows: 9 f. Develop and maintain a current listing of public and 10 private services and programs available to assist wards 11 protected persons and clients, and their families, and 12 establish and maintain relationships with public and private 13 entities to assure the availability of effective guardianship, 14 conservatorship, and representative payee services for wards 15 protected persons and clients. 16 h. Maintain statistical data on the local offices including 17 various methods of funding, the types of services provided, and 18 the demographics of the wards protected persons and clients, 19 and report to the general assembly on or before November 20 1, annually, regarding the local offices and recommend any 21 appropriate legislative action. 22 Sec. 32. Section 231E.4, subsection 6, paragraph e, Code 23 2023, is amended to read as follows: 24 e. A fee schedule. The department may establish by 25 rule a schedule of reasonable fees for the costs of public 26 guardianship services provided under this chapter . The fee 27 schedule established may be based upon the ability of the ward 28 protected person or client to pay for the services but shall 29 not exceed the actual cost of providing the services. The 30 state office or a local office may waive collection of a fee 31 upon a finding that collection is not economically feasible. 32 The rules may provide that the state office or a local office 33 may investigate the financial status of a ward protected person 34 or client that requests guardianship, conservatorship, or 35 -16- LSB 1394XC (3) 90 cm/ns 16/ 38

S.F. _____ representative payee services or for whom the state public 1 guardian or a local public guardian has been appointed for 2 the purpose of determining the fee to be charged by requiring 3 the ward protected person or client to provide any written 4 authorizations necessary to provide access to records of 5 public or private sources, otherwise confidential, needed to 6 evaluate the individual’s financial eligibility. The rules 7 may also provide that the state public guardian or a local 8 public guardian may, upon request and without payment of fees 9 otherwise required by law, obtain information necessary to 10 evaluate the individual’s financial eligibility from any office 11 of the state or of a political subdivision or agency of the 12 state that possesses public records. 13 Sec. 33. Section 231E.5, subsection 2, paragraph g, 14 unnumbered paragraph 1, Code 2023, is amended to read as 15 follows: 16 With regard to a proposed ward protected person , the local 17 office shall do all of the following: 18 Sec. 34. Section 231E.5, subsection 2, paragraph g, 19 subparagraphs (2), (3), and (4), Code 2023, are amended to read 20 as follows: 21 (2) Determine whether the needs of the proposed ward 22 protected person require the appointment of a guardian or 23 conservator. 24 (3) Assess the financial resources of the proposed ward 25 protected person based on the information supplied to the local 26 office at the time of the determination. 27 (4) Inquire and, if appropriate, search to determine 28 whether any other person may be willing and able to serve as 29 the proposed ward’s protected person’s guardian or conservator. 30 Sec. 35. Section 231E.6, subsection 1, unnumbered paragraph 31 1, Code 2023, is amended to read as follows: 32 The court may appoint on its own motion or upon petition of 33 any person, the state office or a local office, to serve as 34 guardian or conservator for any proposed ward protected person 35 -17- LSB 1394XC (3) 90 cm/ns 17/ 38

S.F. _____ in cases in which the court determines that the proceeding 1 will establish the least restrictive form of guardianship 2 or conservatorship services suitable for the proposed ward 3 protected person and if the proposed ward protected person 4 meets all of the following criteria: 5 Sec. 36. Section 231E.7, subsection 3, Code 2023, is amended 6 to read as follows: 7 3. The best interests of the ward protected person require 8 the intervention. 9 Sec. 37. Section 231E.8, subsections 2, 3, and 4, Code 2023, 10 are amended to read as follows: 11 2. The state office or local office shall maintain 12 reasonable personal contact with each ward protected person or 13 client for whom the state office or local office is appointed 14 or designated in order to monitor the ward’s protected person’s 15 or client’s care and progress. 16 3. Notwithstanding any provision of law to the contrary, 17 the state office or local office appointed by the court may 18 access all confidential records concerning the ward protected 19 person for whom the state office or local office is appointed 20 or designated, including medical records and abuse reports. 21 4. In any proceeding in which the state or a local office is 22 appointed or is acting as guardian or conservator, the court 23 shall waive court costs or filing fees, if the state office 24 or local office certifies to the court that the state office 25 or local office has waived its fees in their entirety based 26 upon the ability of the ward protected person to pay for the 27 services of the state office or local office. 28 Sec. 38. Section 231E.8, subsection 6, paragraphs a, b, c, 29 and d, Code 2023, are amended to read as follows: 30 a. The ward protected person displays assaultive or 31 aggressive behavior that causes the public guardian to fear for 32 their personal safety. 33 b. The ward protected person refuses the services of the 34 public guardian. 35 -18- LSB 1394XC (3) 90 cm/ns 18/ 38

S.F. _____ c. The ward protected person refuses to have contact with 1 the public guardian. 2 d. The ward protected person moves out of Iowa. 3 Sec. 39. Section 252C.2, subsection 3, Code 2023, is amended 4 to read as follows: 5 3. The provision of child support collection or paternity 6 determination services under chapter 252B to an individual, 7 even though the individual is ineligible for public assistance, 8 creates a support debt due and owing to the individual or the 9 individual’s child or ward protected person by the responsible 10 person in the amount of a support obligation established by 11 court order or by the administrator. The administrator may 12 establish a support debt in favor of the individual or the 13 individual’s child or ward protected person and against the 14 responsible person, both as to amounts accrued and accruing, 15 pursuant to section 598.21B . 16 Sec. 40. Section 282.2, Code 2023, is amended to read as 17 follows: 18 282.2 Offsetting tax. 19 The parent or guardian whose child or ward protected person 20 attends school in a district of which the parent or guardian is 21 not a resident shall be allowed to deduct the amount of school 22 tax paid by the parent or guardian in said district from the 23 amount of tuition required to be paid. 24 Sec. 41. Section 321.198, subsection 2, Code 2023, is 25 amended to read as follows: 26 2. The provisions of this section shall also apply to the 27 spouse and children, or ward protected person, of military 28 personnel when such spouse, children, or ward protected person 29 are living with the military personnel described in subsection 30 1 outside of the state of Iowa and provided that such extension 31 of license does not exceed five years. 32 Sec. 42. Section 321.219, subsection 1, Code 2023, is 33 amended to read as follows: 34 1. A person shall not cause or knowingly permit the person’s 35 -19- LSB 1394XC (3) 90 cm/ns 19/ 38

S.F. _____ child or ward protected person under the age of eighteen years 1 to drive a motor vehicle upon any highway when the minor is not 2 authorized under this chapter . 3 Sec. 43. Section 563.12, Code 2023, is amended to read as 4 follows: 5 563.12 Special agreements —— evidence. 6 This chapter shall not prevent adjoining proprietors from 7 entering into special agreements about walls on the lines 8 between them, but no evidence thereof shall be competent unless 9 in writing, signed by the parties thereto or their lawfully 10 authorized agents, or the guardian of either, if a minor, 11 who shall have full authority to act for the guardian’s ward 12 protected person in all matters relating to walls in common 13 without an order of court therefor. 14 Sec. 44. Section 587.4, Code 2023, is amended to read as 15 follows: 16 587.4 Decrees for sale of real estate by guardian. 17 In all cases where decrees and orders of court have been 18 obtained for the sale of real estate by a guardian prior to 19 January 1, 1969, where the original notice shows that service 20 of notice pertaining to the sale of such real estate was made 21 on the minor or ward protected person outside of the state 22 of Iowa, such services of notices are hereby legalized. All 23 decrees so obtained as aforesaid are hereby legalized and held 24 to have the same force and effect as though the service of such 25 original notice had been made on the minor or ward protected 26 person within the state of Iowa. 27 Sec. 45. Section 595.3, subsection 5, Code 2023, is amended 28 to read as follows: 29 5. Where either party is a ward protected person under 30 a guardianship and the court has made a finding that the 31 ward protected person lacks the capacity to contract a valid 32 marriage. 33 Sec. 46. Section 598.29, subsection 4, Code 2023, is amended 34 to read as follows: 35 -20- LSB 1394XC (3) 90 cm/ns 20/ 38

S.F. _____ 4. Where either party was a ward protected person under a 1 guardianship and was found by the court to lack the capacity 2 to contract a valid marriage. 3 Sec. 47. Section 633.3, subsections 9, 17, 22, and 23, Code 4 2023, are amended to read as follows: 5 9. “Conservator” means a person appointed by the court 6 to have the custody and control of the property of a ward 7 protected person under the provisions of this probate code. 8 17. “Estate” means the real and personal property of either 9 a decedent or a ward protected person , and may also refer to 10 the real and personal property of a trust described in section 11 633.10 . 12 22. “Guardian” means the person appointed by the court to 13 have the custody of the person of the ward protected person 14 under the provisions of this probate code. 15 23. “Guardian of the property” —— at the election of the 16 person appointed by the court to have the custody and care of 17 the property of a ward protected person , the term “guardian of 18 the property” may be used, which term shall be synonymous with 19 the term “conservator” . 20 Sec. 48. Section 633.78, subsection 1, unnumbered paragraph 21 1, Code 2023, is amended to read as follows: 22 A fiduciary under this chapter may present a written request 23 to any person for the purpose of obtaining property owned by 24 a decedent or by a ward protected person of a conservatorship 25 for which the fiduciary has been appointed, or property to 26 which a decedent or ward protected person is entitled, or 27 for information about such property needed to perform the 28 fiduciary’s duties. The request must contain statements 29 confirming all of the following: 30 Sec. 49. Section 633.78, subsection 1, paragraph b, Code 31 2023, is amended to read as follows: 32 b. The request has been signed by all fiduciaries acting on 33 behalf of the decedent or ward protected person . 34 Sec. 50. Section 633.78, subsection 4, paragraph a, Code 35 -21- LSB 1394XC (3) 90 cm/ns 21/ 38

S.F. _____ 2023, is amended to read as follows: 1 a. Damages sustained by the decedent’s or ward’s protected 2 person’s estate. 3 Sec. 51. Section 633.80, Code 2023, is amended to read as 4 follows: 5 633.80 Fiduciary of a fiduciary. 6 A fiduciary has no authority to act in a matter wherein the 7 fiduciary’s decedent or ward protected person was merely a 8 fiduciary, except that the fiduciary shall file a report and 9 accounting on behalf of the decedent or ward protected person 10 in said matter. 11 Sec. 52. Section 633.93, Code 2023, is amended to read as 12 follows: 13 633.93 Limitation on actions affecting deeds. 14 No action for recovery of any real estate sold by any 15 fiduciary can be maintained by any person claiming under the 16 deceased, the ward protected person , or a beneficiary, unless 17 brought within five years after the date of the recording of 18 the conveyance. 19 Sec. 53. Section 633.112, Code 2023, is amended to read as 20 follows: 21 633.112 Discovery of property. 22 The court may require any person suspected of having 23 possession of any property, including records and documents, 24 of the decedent, ward protected person , or the estate, or of 25 having had such property under the person’s control, to appear 26 and submit to an examination under oath touching such matters, 27 and if on such examination it appears that the person has the 28 wrongful possession of any such property, the court may order 29 the delivery thereof to the fiduciary. Such a person shall be 30 liable to the estate for all damages caused by the person’s 31 acts. 32 Sec. 54. Section 633.123, subsection 1, paragraph b, 33 subparagraph (3), Code 2023, is amended to read as follows: 34 (3) The needs and rights of the beneficiaries or the ward 35 -22- LSB 1394XC (3) 90 cm/ns 22/ 38

S.F. _____ protected person . 1 Sec. 55. Section 633.580, subsections 1 and 4, Code 2023, 2 are amended to read as follows: 3 1. The name, age, and last known post office address of the 4 proposed ward protected person . 5 4. A general description of the property of the proposed 6 ward protected person within this state and of the proposed 7 ward’s protected person’s right to receive property; also, the 8 estimated present value of the real estate, the estimated value 9 of the personal property, and the estimated gross annual income 10 of the estate. If any money is payable, or to become payable, 11 to the proposed ward protected person by the United States 12 through the United States department of veterans affairs, the 13 petition shall so state. 14 Sec. 56. Section 633.591A, Code 2023, is amended to read as 15 follows: 16 633.591A Voluntary petition for appointment of conservator 17 for a minor —— standby basis. 18 A person having physical and legal custody of a minor 19 may execute a verified petition for the appointment of a 20 standby conservator of the proposed ward’s protected person’s 21 property, upon the express condition that the petition shall 22 be acted upon by the court only upon the occurrence of an event 23 specified or the existence of a described condition of the 24 mental or physical health of the petitioner, the occurrence 25 of which event, or the existence of which condition, shall be 26 established in the manner directed in the petition. 27 Sec. 57. Section 633.603, Code 2023, is amended to read as 28 follows: 29 633.603 Appointment of foreign conservators. 30 When there is no conservatorship, nor any application 31 therefor pending, in this state, the duly qualified foreign 32 conservator or guardian of a nonresident ward protected 33 person may, upon application, be appointed conservator of the 34 property of such person in this state; provided that a resident 35 -23- LSB 1394XC (3) 90 cm/ns 23/ 38

S.F. _____ conservator is appointed to serve with the foreign conservator; 1 and provided further, that for good cause shown, the court 2 may appoint the foreign conservator to act alone without the 3 appointment of a resident conservator. 4 Sec. 58. Section 633.604, Code 2023, is amended to read as 5 follows: 6 633.604 Application. 7 The application for appointment of a foreign conservator 8 or guardian as conservator in this state shall include the 9 name and address of the nonresident ward protected person , and 10 of the nonresident conservator or guardian, and the name and 11 address of the resident conservator to be appointed. It shall 12 be accompanied by a certified copy of the original letters 13 or other authority conferring the power upon the foreign 14 conservator or guardian to act as such. The application 15 shall also state the cause for the appointment of the foreign 16 conservator to act as sole conservator, if such be the case. 17 Sec. 59. Section 633.605, Code 2023, is amended to read as 18 follows: 19 633.605 Personal property. 20 A foreign conservator or guardian of a nonresident may 21 be authorized by the court of the county wherein such ward 22 protected person has personal property to receive the same upon 23 compliance with the provisions of sections 633.606 , 633.607 and 24 633.608 . 25 Sec. 60. Section 633.607, Code 2023, is amended to read as 26 follows: 27 633.607 Order for delivery. 28 Upon the filing of the bond as above provided, and the court 29 being satisfied with the amount thereof, it shall order the 30 personal property of the ward protected person delivered to 31 such conservator or guardian. 32 Sec. 61. Section 633.633, Code 2023, is amended to read as 33 follows: 34 633.633 Provisions applicable to all fiduciaries shall 35 -24- LSB 1394XC (3) 90 cm/ns 24/ 38

S.F. _____ govern. 1 The provisions of this probate code applicable to all 2 fiduciaries shall govern the appointment, qualification, oath 3 and bond of guardians and conservators, except that a guardian 4 shall not be required to give bond unless the court, for good 5 cause, finds that the best interests of the ward protected 6 person require a bond. The court shall then fix the terms and 7 conditions of such bond. 8 Sec. 62. Section 633.633B, Code 2023, is amended to read as 9 follows: 10 633.633B Tort liability of guardians and conservators. 11 The fact that a person is a guardian or conservator shall not 12 in itself make the person personally liable for damages for the 13 acts of the ward protected person . 14 Sec. 63. Section 633.636, Code 2023, is amended to read as 15 follows: 16 633.636 Effect of appointment of guardian or conservator. 17 The appointment of a guardian or conservator shall not 18 constitute an adjudication that the ward protected person is of 19 unsound mind. 20 Sec. 64. Section 633.637, Code 2023, is amended to read as 21 follows: 22 633.637 Powers of ward protected person . 23 1. A ward protected person for whom a conservator has been 24 appointed shall not have the power to convey, encumber, or 25 dispose of property in any manner, other than by will if the 26 ward protected person possesses the requisite testamentary 27 capacity, unless the court determines that the ward protected 28 person has a limited ability to handle the ward’s protected 29 person’s own funds. If the court makes such a finding, the 30 court shall specify to what extent the ward protected person 31 may possess and use the ward’s protected person’s own funds. 32 2. Any modification of the powers of the ward protected 33 person that would be more restrictive of the ward’s protected 34 person’s control over the ward’s protected person’s financial 35 -25- LSB 1394XC (3) 90 cm/ns 25/ 38

S.F. _____ affairs shall be based upon clear and convincing evidence 1 and the burden of persuasion is on the conservator. Any 2 modification that would be less restrictive of the ward’s 3 protected person’s control over the ward’s protected person’s 4 financial affairs shall be based upon proof in accordance with 5 the requirements of section 633.675 . 6 Sec. 65. Section 633.637A, Code 2023, is amended to read as 7 follows: 8 633.637A Rights of ward protected person under guardianship. 9 An adult ward protected person under a guardianship has the 10 right of communication, visitation, or interaction with other 11 persons upon the consent of the adult ward protected person , 12 subject to section 633.635, subsection 2 , paragraph “i” , and 13 section 633.635, subsection 3 , paragraph “c” . If an adult ward 14 protected person is unable to give express consent to such 15 communication, visitation, or interaction with a person due 16 to a physical or mental condition, consent of an adult ward 17 protected person may be presumed by a guardian or a court based 18 on an adult ward’s protected person’s prior relationship with 19 such person. 20 Sec. 66. Section 633.638, Code 2023, is amended to read as 21 follows: 22 633.638 Presumption of fraud. 23 If a conservator be appointed, all contracts, transfers and 24 gifts made by the ward protected person after the filing of the 25 petition shall be presumed to be a fraud against the rights 26 and interest of the ward protected person except as otherwise 27 directed by the court pursuant to section 633.637 . 28 Sec. 67. Section 633.639, Code 2023, is amended to read as 29 follows: 30 633.639 Title to ward’s protected person’s property. 31 The title to all property of the ward protected person is 32 in the ward protected person and not the conservator subject, 33 however, to the possession of the conservator and to the 34 control of the court for the purposes of administration, 35 -26- LSB 1394XC (3) 90 cm/ns 26/ 38

S.F. _____ sale or other disposition, under the provisions of the 1 law. Any real property titled at any time in the name of a 2 conservatorship shall be deemed to be titled in the ward’s 3 protected person’s name subject to the conservator’s right of 4 possession. 5 Sec. 68. Section 633.640, Code 2023, is amended to read as 6 follows: 7 633.640 Conservator’s right to possession. 8 Every conservator shall have a right to, and shall take, 9 possession of all of the real and personal property of the 10 ward protected person . The conservator shall pay the taxes 11 and collect the income therefrom until the conservatorship is 12 terminated. The conservator may maintain an action for the 13 possession of the property, and to determine the title to the 14 same. 15 Sec. 69. Section 633.643, Code 2023, is amended to read as 16 follows: 17 633.643 Disposal of will by conservator. 18 When an instrument purporting to be the will of the ward 19 protected person comes into the hands of a conservator, the 20 conservator shall immediately deliver it to the court. 21 Sec. 70. Section 633.644, Code 2023, is amended to read as 22 follows: 23 633.644 Court order to preserve testamentary intent of ward 24 protected person . 25 Upon receiving an instrument purporting to be the will of a 26 living ward protected person under the provisions of section 27 633.643 , the court may open said will and read it. The court 28 with or without notice, as it may determine, may enter such 29 orders in the conservatorship as it deems advisable for the 30 proper administration of the conservatorship in light of the 31 expressed testamentary intent of the ward protected person . 32 Sec. 71. Section 633.645, Code 2023, is amended to read as 33 follows: 34 633.645 Court to deliver will to clerk. 35 -27- LSB 1394XC (3) 90 cm/ns 27/ 38

S.F. _____ An instrument purporting to be the will of a ward protected 1 person coming into the hands of the court under the provisions 2 of section 633.643 , shall thereafter be resealed by the court 3 and be deposited with the clerk to be held by said clerk as 4 provided in sections 633.286 through 633.289 . 5 Sec. 72. Section 633.653A, Code 2023, is amended to read as 6 follows: 7 633.653A Claims for cost of medical care or services. 8 The provision of medical care or services to a ward protected 9 person who is a recipient of medical assistance under chapter 10 249A creates a claim against the conservatorship for the amount 11 owed to the provider under the medical assistance program for 12 the care or services. The amount of the claim, after being 13 allowed or established as provided in this part, shall be paid 14 by the conservator from the assets of the conservatorship. 15 Sec. 73. Section 633.654, Code 2023, is amended to read as 16 follows: 17 633.654 Form and verification of claims —— general 18 requirements. 19 No claim shall be allowed against the estate of a ward 20 protected person upon application of the claimant unless 21 it shall be in writing, filed in duplicate with the clerk, 22 stating the claimant’s name and address, and describing the 23 nature and the amount thereof, if ascertainable. It shall be 24 accompanied by the affidavit of the claimant, or of someone for 25 the claimant, that the amount is justly due, or if not due, 26 when it will or may become due, that no payments have been 27 made thereon which are not credited, and that there are no 28 offsets to the same, to the knowledge of the affiant, except as 29 therein stated. The duplicate of said claim shall be mailed 30 by the clerk to the conservator or the conservator’s attorney 31 of record; however, valid contract claims arising in the 32 ordinary course of the conduct of the business or affairs of 33 the ward protected person by the conservator may be paid by the 34 conservator without requiring affidavit or filing. 35 -28- LSB 1394XC (3) 90 cm/ns 28/ 38

S.F. _____ Sec. 74. Section 633.656, Code 2023, is amended to read as 1 follows: 2 633.656 How claim entitled. 3 All claims filed against the estate of the ward protected 4 person shall be entitled in the name of the claimant against 5 the conservator as such, naming the conservator, and in all 6 further proceedings thereon, this title shall be preserved. 7 Sec. 75. Section 633.660, Code 2023, is amended to read as 8 follows: 9 633.660 Execution and levy prohibited. 10 No execution shall issue upon, nor shall any levy be made 11 against, any property of the estate of a ward protected person 12 under any judgment against the ward protected person or a 13 conservator, but the provisions of this section shall not be so 14 construed as to prevent the enforcement of a mortgage, pledge, 15 or other lien upon property in an appropriate proceeding. 16 Sec. 76. Section 633.661, Code 2023, is amended to read as 17 follows: 18 633.661 Claims of conservators. 19 If the conservator is a creditor of the ward protected 20 person , the conservator shall file the claim as other 21 creditors, and the court shall appoint some competent person as 22 temporary conservator to represent the ward protected person 23 at the hearing on the conservator’s claim. The same procedure 24 shall be followed in the case of coconservators where all 25 such conservators are creditors of the ward protected person ; 26 but if one of the coconservators is not a creditor of the 27 ward protected person , such disinterested conservator shall 28 represent the ward protected person at the hearing on any claim 29 against the ward protected person by a coconservator. 30 Sec. 77. Section 633.662, Code 2023, is amended to read as 31 follows: 32 633.662 Claims not filed. 33 The conservator may pay any valid claim against the estate of 34 the ward protected person even though such claim has not been 35 -29- LSB 1394XC (3) 90 cm/ns 29/ 38

S.F. _____ filed, but all such payments made by the conservator shall be 1 at the conservator’s own peril. 2 Sec. 78. Section 633.664, Code 2023, is amended to read as 3 follows: 4 633.664 Liens not affected by failure to file claim. 5 Nothing in sections 633.654 and 633.658 shall affect or 6 prevent an action or proceeding to enforce any mortgage, 7 pledge, or other lien upon the property of the ward protected 8 person . 9 Sec. 79. Section 633.665, Code 2023, is amended to read as 10 follows: 11 633.665 Separate actions and claims. 12 1. Any action pending against the ward protected person at 13 the time the conservator is appointed shall also be considered 14 a claim filed in the conservatorship if notice of substitution 15 is served on the conservator as defendant and a duplicate of 16 the proof of service of notice of such proceeding is filed in 17 the conservatorship proceeding. 18 2. A separate action based on a debt or other liability 19 of the ward protected person may be commenced against the 20 conservator in lieu of filing a claim in the conservatorship. 21 Such an action shall be commenced by serving an original notice 22 on the conservator and filing a duplicate of the proof of 23 service of notice of such proceeding in the conservatorship 24 proceeding. Such an action shall also be considered a claim 25 filed in the conservatorship. Such an action may be commenced 26 only in a county where the venue would have been proper if 27 there were no conservatorship and the action had been commenced 28 against the ward protected person . 29 Sec. 80. Section 633.667, Code 2023, is amended to read as 30 follows: 31 633.667 Payment of claims in insolvent conservatorships. 32 When it appears that the assets in a conservatorship are 33 insufficient to pay in full all the claims against such 34 conservatorship, the conservator shall report such matter to 35 -30- LSB 1394XC (3) 90 cm/ns 30/ 38

S.F. _____ the court, and the court shall, upon hearing, with notice to 1 all persons who have filed claims in the conservatorship, make 2 an order for the pro rata payment of claims giving claimants 3 the same priority, if any, as they would have if the ward 4 protected person were not under conservatorship. 5 Sec. 81. Section 633.668, Code 2023, is amended to read as 6 follows: 7 633.668 Conservator may make gifts. 8 For good cause shown and under order of court, a conservator 9 may make gifts on behalf of the ward protected person out of 10 the assets under a conservatorship to persons or religious, 11 educational, scientific, charitable, or other nonprofit 12 organizations to whom or to which such gifts were regularly 13 made prior to the commencement of the conservatorship, or on 14 a showing to the court that such gifts would benefit the ward 15 protected person or the ward’s protected person’s estate from 16 the standpoint of income, gift, estate or inheritance taxes. 17 The making of gifts out of the assets must not foreseeably 18 impair the ability to provide adequately for the best interests 19 of the ward protected person . 20 Sec. 82. Section 633.671, subsections 5 and 6, Code 2023, 21 are amended to read as follows: 22 5. The residence or physical location of the ward protected 23 person . 24 6. The general physical and mental condition of the ward 25 protected person . 26 Sec. 83. Section 633.673, Code 2023, is amended to read as 27 follows: 28 633.673 Court costs in guardianships. 29 The ward protected person or the ward’s protected person’s 30 estate shall be charged with the court costs of a ward’s 31 protected person’s guardianship, including the guardian’s fees 32 and the fees of the attorney for the guardian. The court 33 may, upon application, enter an order waiving payment of the 34 court costs in indigent cases. However, if the ward protected 35 -31- LSB 1394XC (3) 90 cm/ns 31/ 38

S.F. _____ person or ward’s protected person’s estate becomes financially 1 capable of paying any waived costs, the costs shall be paid 2 immediately. 3 Sec. 84. Section 633.676, Code 2023, is amended to read as 4 follows: 5 633.676 Assets exhausted. 6 At any time that the assets of the ward’s protected person’s 7 estate do not exceed the amount of the charges and claims 8 against it, the court may direct the conservator to proceed to 9 terminate the conservatorship. 10 Sec. 85. Section 633.677, Code 2023, is amended to read as 11 follows: 12 633.677 Accounting to ward protected person —— notice. 13 Upon the termination of a conservatorship, the conservator 14 shall pay the costs of administration and shall render a full 15 and complete accounting to the ward protected person or the 16 ward’s protected person’s personal representative and to the 17 court. Notice of the final report of a conservator shall be 18 served on the ward protected person or the ward’s protected 19 person’s personal representative, in accordance with section 20 633.40 , unless notice is waived. An order prescribing notice 21 may be made before or after the filing of the final report. 22 Sec. 86. Section 633.682, Code 2023, is amended to read as 23 follows: 24 633.682 Discharge of conservator and release of bond. 25 Upon settlement of the final accounting of a conservator, 26 and upon determining that the property of the ward protected 27 person has been delivered to the person or persons lawfully 28 entitled thereto, the court shall discharge the conservator and 29 exonerate the surety on the conservator’s bond. 30 Sec. 87. Section 636.23, subsection 13, Code 2023, is 31 amended to read as follows: 32 13. Life, endowment or annuity contracts of legal reserve 33 life insurance companies authorized to do business in Iowa. The 34 purchase of contracts authorized by this subsection shall be 35 -32- LSB 1394XC (3) 90 cm/ns 32/ 38

S.F. _____ limited to executors or the successors to their powers when 1 specifically authorized by will, and to guardians and trustees, 2 in an amount not to exceed twenty-five percent of the value 3 of the ward’s protected person’s property in possession of 4 the fiduciary. Such contract may be issued on the life or 5 lives of a ward protected person or wards protected persons or 6 beneficiary or beneficiaries of a trust fund created by will or 7 trust agreement, or upon the life or lives of persons in whose 8 life or lives such ward protected person or beneficiary has an 9 insurable interest. The proceeds or avails of such contract 10 shall be the sole property of the person or persons whose funds 11 are invested therein. 12 Sec. 88. Section 638.2, subsections 5, 15, and 27, Code 13 2023, are amended to read as follows: 14 5. “Conservator” means the same as defined in section 633.3 . 15 “Conservator” includes a person appointed to have the custody 16 and control of the property of a ward protected person in a 17 limited conservatorship unless otherwise provided by order of 18 the court. 19 15. “Guardian” means the same as defined in section 633.3 . 20 “Guardian” includes a person appointed to have the custody and 21 care of the person of the ward protected person in a limited 22 guardianship unless otherwise provided by order of the court. 23 27. “Ward” “Protected person” means an individual for whom a 24 conservator or guardian has been appointed. “Ward” “Protected 25 person” includes an individual for whom an application for the 26 appointment of a conservator or guardian is pending and for 27 which a court order authorizing access under this chapter has 28 been granted. 29 Sec. 89. Section 638.3, subsection 1, paragraph c, Code 30 2023, is amended to read as follows: 31 c. A conservator or guardian acting for a ward protected 32 person on or after July 1, 2017. 33 Sec. 90. Section 638.14, Code 2023, is amended to read as 34 follows: 35 -33- LSB 1394XC (3) 90 cm/ns 33/ 38

S.F. _____ 638.14 Disclosure of digital assets to conservator or 1 guardian of a ward protected person . 2 1. After an opportunity for a hearing to all interested 3 parties, the court may grant a conservator or guardian access 4 to the digital assets of a ward protected person . 5 2. Unless otherwise ordered by the court or directed by the 6 user, a custodian shall disclose to a conservator or guardian 7 the catalogue of electronic communications sent or received 8 by a ward protected person and any digital assets, other than 9 the content of electronic communications, in which the ward 10 protected person has a right or interest if the conservator or 11 guardian gives the custodian all of the following: 12 a. A written request for disclosure in physical or 13 electronic form. 14 b. A file-stamped copy of the court order that gives the 15 conservator or guardian authority over the digital assets of 16 the ward protected person . 17 c. If requested by the custodian, any of the following: 18 (1) A number, username, address, or other unique subscriber 19 or account identifier assigned by the custodian to identify the 20 account of the ward protected person . 21 (2) Evidence linking the account to the ward protected 22 person . 23 3. If the conservatorship or guardianship is not limited, 24 the conservator or guardian may request a custodian of the 25 digital assets of the ward protected person to suspend or 26 terminate an account of the ward protected person for good 27 cause. A request made under this section must be accompanied 28 by a file-stamped copy of the court order establishing the 29 conservatorship or guardianship. 30 Sec. 91. Section 638.15, subsections 3, 4, and 5, Code 2023, 31 are amended to read as follows: 32 3. A fiduciary with authority over the property of a 33 decedent, ward protected person , principal, or settlor has 34 the right to access any digital asset in which the decedent, 35 -34- LSB 1394XC (3) 90 cm/ns 34/ 38

S.F. _____ ward protected person , principal, or settlor had a right or 1 interest and that is not held by a custodian or subject to a 2 terms-of-service agreement. 3 4. A fiduciary acting within the scope of the fiduciary’s 4 duties is an authorized user of the property of the decedent, 5 ward protected person , principal, or settlor for the purpose 6 of applicable computer-fraud and unauthorized-computer-access 7 laws, including section 716.6B . 8 5. A fiduciary with authority over the tangible, personal 9 property of a decedent, ward protected person , principal, or 10 settlor possesses all of the following authority: 11 a. Has the right to access the property and any digital 12 asset stored in the property. 13 b. Is an authorized user for the purpose of computer-fraud 14 and unauthorized-computer-access laws, including section 15 716.6B . 16 Sec. 92. Section 692A.113, subsection 2, paragraph b, Code 17 2023, is amended to read as follows: 18 b. Who is the parent or legal guardian of a minor shall not 19 be in violation of subsection 1 solely during the period of 20 time reasonably necessary to transport the offender’s own minor 21 child or ward protected person to or from a place specified in 22 subsection 1 . 23 Sec. 93. Section 692A.114, subsection 3, paragraph f, Code 24 2023, is amended to read as follows: 25 f. The sex offender is a ward protected person in a 26 guardianship, and a district judge or associate probate judge 27 grants an exemption from the residency restriction. 28 Sec. 94. Section 726.5, subsection 1, Code 2023, is amended 29 to read as follows: 30 1. a. A person, who being able to do so, fails or refuses 31 to provide support for the person’s child or ward protected 32 person under the age of eighteen years for a period longer than 33 one year or in an amount greater than five thousand dollars 34 commits the offense of nonsupport. 35 -35- LSB 1394XC (3) 90 cm/ns 35/ 38

S.F. _____ b. A person shall not be held to have violated this section 1 if the person fails to support any child or ward protected 2 person under the age of eighteen who has left the home of the 3 parent or other person having legal custody of the child or 4 ward protected person without the consent of that parent or 5 person having legal custody of the child or ward protected 6 person . 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill concerns the creation, administration, 11 and termination of adult and minor guardianships and 12 conservatorships. 13 The bill provides that the juvenile court has exclusive 14 jurisdiction in proceedings for appointment of a guardian for a 15 minor and concerning the guardianship of a minor. 16 The bill requires that, in addition to stating why a limited 17 guardianship is appropriate, a petition for guardianship of 18 a minor must also state whether a conservatorship for the 19 minor is already in place. If a minor’s known parents have 20 not consented to the appointment of a guardian, the notice of 21 the filing of a guardianship petition shall inform the known 22 parents that they are entitled to representation if they meet 23 the conditions in Code section 232D.304. 24 The bill allows the court to appoint a court visitor for 25 the minor in a minor guardianship proceeding. A court visitor 26 is discharged from further duties upon an appointment of a 27 guardian or conservator unless the court determines that 28 continued service of the court visitor would be in the best 29 interest of the minor or protected person, in which case the 30 court may limit the direct duties as necessary. 31 The bill allows a hearing on a petition for guardianship of a 32 minor to be recorded if a court reporter is not used. 33 The bill provides that the court may order an extension of a 34 temporary guardianship or conservatorship for 30 days for good 35 -36- LSB 1394XC (3) 90 cm/ns 36/ 38

S.F. _____ cause shown. A guardian or conservator shall file either prior 1 to or along with the application for an extension of time a 2 report with the court providing all the actions conducted on 3 behalf of the minor or protected person and all future actions 4 the guardian or conservator plans to conduct on behalf of the 5 minor or protected person during the extension period. 6 The bill requires a temporary guardian to submit any report 7 required by the court. The bill provides that a court order 8 appointing a guardian for a minor shall state powers granted 9 to the guardian until the guardian files the initial care plan 10 and the plan is approved by the court. The bill strikes a 11 reference to “without prior court approval” in a Code section 12 listing powers a court may grant to a guardian. The bill also 13 directs that the initial care plan must include the guardian’s 14 plan for applying for and receiving funds and benefits for the 15 support of the minor. 16 The bill allows a district court conducting checks of the 17 dependent adult abuse registry for all proposed guardians 18 and conservators to have access to dependent adult abuse 19 information other than unfounded dependent adult abuse 20 information. Under the bill, a court need not perform a 21 background check on a proposed guardian or conservator if the 22 person provides a background check from the past six months to 23 the court. 24 The bill provides that an order appointing a conservator 25 shall state the basis for the conservatorship, and upon 26 appointment, the conservator may exercise the powers relating 27 to all fiduciaries, unless expressly modified by the court, 28 without prior court approval. These powers include but are 29 not limited to the following: making written requests for the 30 purpose of obtaining the property of the protected person, 31 or obtaining information about the property of the protected 32 person; designating and employing an attorney to assist in 33 the administration of the estate of the protected person; 34 holding investments in the name of a bank or trustee company; 35 -37- LSB 1394XC (3) 90 cm/ns 37/ 38

S.F. _____ and requiring a bank to show ownership of investments held in 1 nominee name and keep them separate from the assets of the 2 bank. The bill further provides that until the conservator 3 files and the court approves an initial financial management 4 plan, the conservator may exercise the following powers without 5 court approval except as otherwise ordered by the court: 6 collect, receive, and receipt for any principal or income of 7 the protected person; receive property of the protected person 8 from any source; and continue to hold any investment or other 9 property of the protected person. The bill also provides that 10 upon the conservator filing the appropriate oath, the clerk of 11 court shall issue letters of appointment attached to the order 12 granting or limiting powers of the conservator. 13 The bill changes the information required to be contained 14 in a guardian’s written verified reports including the initial 15 care plan and annual reports, and information required to be 16 included in reports by conservators including the initial 17 financial management plan, an inventory of the protected 18 person’s assets and debts, the annual report, and the final 19 report. 20 The bill replaces reporting requirements for guardians, and 21 requires that guardians must obtain court approval prior to any 22 significant deviation from the initial care plan filed with the 23 court. 24 The bill modifies reporting requirements for conservators. 25 The conservator must give notice of filing a plan, and if no 26 objection is made within 20 days, the conservator must submit 27 a proposed order to the court approving the initial plan. If 28 there are objections to the plan, the court must set the matter 29 for hearing. 30 The bill makes conforming changes throughout the Code by 31 changing the term “ward” to “protected person”. 32 -38- LSB 1394XC (3) 90 cm/ns 38/ 38